Overtime in 2026: When Can an Employer Require It, and How Is It Paid?

Are you dealing with unpaid overtime, or are you unsure whether your employer is requiring you to work overtime in accordance with the law? Send us your employment contract, time sheets, or pay stubs, and we’ll assess what entitlements you’re entitled to and how best to claim them.

When can your employer require you to work overtime?

The Labor Code isn’t a big fan of overtime and requires that it be used only in exceptional cases. We’re talking about work performed beyond the established working hours. In practice, however, this rule isn’t always followed. It’s important, though, to keep an eye on the established limits. An employer may require a maximum of 8 hours of overtime in a single week and a total of 150 hours per calendar year.

If more overtime is needed, the employer and the employee may agree on it. Even then, however, overtime is not unlimited. Overall, it must not exceed an average of 8 hours per week over a period that may last no more than 26 consecutive weeks. A collective bargaining agreement may extend this period to up to 52 weeks. Overtime for which the employee received compensatory time off is not included in this average.

If the employee and employer agree on compensatory time off, the employee receives one hour of time off for each hour of overtime worked. Naturally, the employee does not lose wages for the time worked. However, if the employer does not grant compensatory time off within three calendar months after the overtime was worked or within another agreed-upon timeframe, the employer must pay the employee an overtime premium.

Overtime must either be ordered by the employer or, at the very least, performed with the employer’s knowledge and consent. If someone spends half their workday procrastinating on their cell phone and then catches up on their tasks in the office late into the evening, this does not constitute overtime under any circumstances. On the other hand, if an employer assigns work in such a way that an average person objectively cannot complete it by the end of the workday, that would constitute overtime.

How is overtime paid?

For overtime work, an employee is entitled to their regular wage plus a premium of at least 25% of their average earnings, unless they have agreed with their employer to receive compensatory time off instead of the premium. So, for example, if an employee has an hourly wage and an average hourly earnings of 200 crowns, they will receive at least 250 crowns for each hour of overtime.

The situation is different if the wage was already negotiated with overtime taken into account. However, it is not sufficient to simply state in general terms that the wage includes overtime. It must also be agreed upon how many hours of overtime are already factored into the wage. For regular employees, this may amount to a maximum of 150 hours per calendar year; for managerial employees, it may amount to the total statutory limit for overtime work. Employees are not entitled to any additional overtime pay or compensatory time off for overtime included in this manner.

However, a different procedure applies to employees under the age of 18. Juvenile employees are subject to greater protections, and therefore their working hours are subject to specific rules. In principle, an employer may not require them to work overtime or at night. The law also prohibits requiring pregnant employees to work overtime. For both of these categories of employees, therefore, overtime work is prohibited—whether mandated by the employer or agreed upon with the employee.

Another exception applies to employees who are caring for a child under 1 year of age. Employers may not requirethese employees to work overtimeeither . However, overtime work may be agreed upon with these employees.

What should you do if your employer doesn’t pay you for overtime?

If you regularly work longer hours but your overtime isn’t reflected in your paycheck, first gather the necessary evidence. Important evidence may include time sheets, shift schedules, emails and messages from supervisors, a calendar, or other documents proving when you worked and that your employer was aware of the work.

It is advisable to first send a written request to your employer asking them to rectify the situation. If they do not acknowledge your claim, you can file a complaint with the regional labor inspectorate. However, only a court can make a binding decision regarding an employee’s individual claim for payment of unpaid wages or overtime pay.

A dispute over overtime often hinges on more than just how many hours you actually worked. It may also be decisive whether the employer ordered, approved, or at least was aware of the work. If your employer refuses to recognize your overtime, we’ll be happy to help —we’ll review your time sheets, communications, and employment contract, calculate your entitlement, and prepare the next steps to take against your employer.

What about breaks?

Breaks at work are not only beneficial for our health but are also mandatory. An employer must provide an employee with at least 30 minutes for a meal and rest after no more than 6 hours of continuous work. For teenage employees, the break must be taken no later than after 4.5 hours. The break may be split into parts, but at least one part must last a minimum of 15 minutes. Note, however, that the break can only be taken during the workday, not at the beginning or end. Therefore, even with the employer’s consent, you cannot make up the time and leave early.

Breaks are not counted as part of working hours and are therefore unpaid. An employee working a standard 8-hour shift does not leave work until after 8.5 hours. An exception is made for so-called safety breaks. Employees are paid for these, as they are included in working hours. These are breaks mandated by a special law, such as those for bus drivers.

Different rules apply to work that cannot be interrupted—that is, work where an employee cannot leave the workplace for an extended period and stop working. Such employees must also be given a break for rest and meals, which is counted as part of working hours and is therefore paid. Examples include a stoker operating a boiler that must not be allowed to go out, or employees on an assembly line.

Summary

Overtime should not be a routine tool that employers use to compensate for a long-term shortage of employees. The law permits it only in exceptional cases and sets clear limits: without the employee’s consent, an employer may require no more than 8 hours of overtime in a single week and a total of 150 hours per year. Any additional overtime is possible only with the employee’s consent, and even then, the employer must respect the overall statutory limits and mandatory rest periods.

At the same time, an employee is entitled to proper compensation for overtime work. For salaried employees, this generally consists of their regular salary plus a minimum 25% premium, unless the parties agree on compensatory time off. If the employer fails to record or pay for overtime, it is advisable to keep records of the actual hours worked and evidence that the employer was aware of the work performed beyond the employee’s regular shift.